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Articles 1 - 30 of 36
Full-Text Articles in Law
The Other Ordinary Persons, Fred O. Smith, Jr.
The Other Ordinary Persons, Fred O. Smith, Jr.
Washington and Lee Law Review
If originalism aims to center the original public meaning of text, who constitutes “the public”? Are we doing enough to capture historically excluded voices: impoverished white planters; dispossessed Natives; silenced women; and the enslaved? If not, what more is required? And for those who are not originalists, how do we ensure that, as American law consults the wisdom of the ages, we do not sever entire sources of wisdom?
This brief symposium Article engages these themes, offering two modest, interrelated claims. The first is that important informational, ethical, and democratic benefits accrue when American legal doctrine includes the voices and …
Progressive Legal Thought, Herbert Hovenkamp
Progressive Legal Thought, Herbert Hovenkamp
Washington and Lee Law Review
No abstract provided.
How Roe V. Wade Was Written, David J. Garrow
How Roe V. Wade Was Written, David J. Garrow
Washington and Lee Law Review
No abstract provided.
Justice Lewis F. Powell's Baffling Vote In Roe V. Wade, Samuel W. Calhoun
Justice Lewis F. Powell's Baffling Vote In Roe V. Wade, Samuel W. Calhoun
Washington and Lee Law Review
No abstract provided.
Beyond Backlash: Legal History, Polarization, And Roe V. Wade, Mary Ziegler
Beyond Backlash: Legal History, Polarization, And Roe V. Wade, Mary Ziegler
Washington and Lee Law Review
No abstract provided.
Recovering The Legal History Of The Confederacy, G. Edward White
Recovering The Legal History Of The Confederacy, G. Edward White
Washington and Lee Law Review
Although the government of the Confederate States of America has been formally treated as a legal nullity since 1878, from February, 1861 to April, 1865 the Confederacy was a real government, with a Constitution, a Congress, district courts, and administrative offices. This Article seeks to recover the legal order of the Confederacy in its robust state, before the prospect of its obliteration came to pass. The Article explores the question why certain southern states would have considered seceding from the United States, and forming a separate nation, in late 1860 and early 1861. It then turns to the legal order …
Rediscovering Williston, Mark L. Movsesian
Rediscovering Williston, Mark L. Movsesian
Washington and Lee Law Review
This Article is an intellectual history of classical contracts scholar Samuel Williston. Professor Movsesian argues that the conventional account of Williston's jurisprudence presents an incomplete and distorted picture. While much of Williston 's work can strike a contemporary reader as arid and conceptual, there are strong elements of pragmatism as well. Williston insists that doctrine be justified in terms of real-world consequences, maintains that rules can have only presumptive force, and offers institutional explanations for judicial restraint. As a result, his scholarship shares more in common with today's new formalism than commonly supposed. Even the undertheorized quality of Williston 's …
From The Xyz Affair To The War On Terror: The Justiciability Of Time Of War, John M. Hagan
From The Xyz Affair To The War On Terror: The Justiciability Of Time Of War, John M. Hagan
Washington and Lee Law Review
No abstract provided.
The Character Of Legal Reasoning, Brett G. Scharffs
The Character Of Legal Reasoning, Brett G. Scharffs
Washington and Lee Law Review
No abstract provided.
"A Less Proportion Of Idle Proprietors": Madison, Property Rights, And The Abolition Of Fee Tail, John F. Hart
"A Less Proportion Of Idle Proprietors": Madison, Property Rights, And The Abolition Of Fee Tail, John F. Hart
Washington and Lee Law Review
No abstract provided.
The Strange History Of "All Men Are Created Equal", Pauline Maier
The Strange History Of "All Men Are Created Equal", Pauline Maier
Washington and Lee Law Review
No abstract provided.
The American Founders' Responsibility, Ralph Lerner
The American Founders' Responsibility, Ralph Lerner
Washington and Lee Law Review
No abstract provided.
Remembering The Fourth Circuit Judges: A History From 1941 To 1998
Remembering The Fourth Circuit Judges: A History From 1941 To 1998
Washington and Lee Law Review
No abstract provided.
Parental Law, Harmful Speech, And The Development Of Legal Culture: Russian Judicial Chamber Discourse And Narrative, Frances H. Foster
Parental Law, Harmful Speech, And The Development Of Legal Culture: Russian Judicial Chamber Discourse And Narrative, Frances H. Foster
Washington and Lee Law Review
No abstract provided.
Constitutional Fictions And Meritocratic Success Stories, Robin West
Constitutional Fictions And Meritocratic Success Stories, Robin West
Washington and Lee Law Review
No abstract provided.
Possession, Witchcraft, And The Law In Jacobean England, Brian P. Levack
Possession, Witchcraft, And The Law In Jacobean England, Brian P. Levack
Washington and Lee Law Review
No abstract provided.
Plessy V. Ferguson – 100 Years Later, Hon. John Minor Wisdom
Plessy V. Ferguson – 100 Years Later, Hon. John Minor Wisdom
Washington and Lee Law Review
No abstract provided.
"Not Unmindful Of The Future": Some Reflections On Stability And Change*, Barry Sullivan
"Not Unmindful Of The Future": Some Reflections On Stability And Change*, Barry Sullivan
Washington and Lee Law Review
No abstract provided.
Twelve Letters From Arthur L. Corbin To Robert Braucher, Joseph M. Perillo
Twelve Letters From Arthur L. Corbin To Robert Braucher, Joseph M. Perillo
Washington and Lee Law Review
No abstract provided.
Performing The Constitution, Denis J. Brion
Performing The Constitution, Denis J. Brion
Washington and Lee Law Review
No abstract provided.
The Court Between Hegemonies, L. A. Powe, Jr.
The Court Between Hegemonies, L. A. Powe, Jr.
Washington and Lee Law Review
No abstract provided.
Quotas, Politics, And Judicial Statesmanship: The Civil Rights Act Of 1991 And Powell's Bakke, Mark H. Grunewald
Quotas, Politics, And Judicial Statesmanship: The Civil Rights Act Of 1991 And Powell's Bakke, Mark H. Grunewald
Washington and Lee Law Review
No abstract provided.
Lawyers' Papers: Confidentiality Versus The Claims Of History, Bonnie Hobbs
Lawyers' Papers: Confidentiality Versus The Claims Of History, Bonnie Hobbs
Washington and Lee Law Review
No abstract provided.
The Lewis F. Powell, Jr. Archives And The Contemporary Researcher, John N. Jacob
The Lewis F. Powell, Jr. Archives And The Contemporary Researcher, John N. Jacob
Washington and Lee Law Review
No abstract provided.
Thomas Jefferson's Equity Commonplace Book, Edward Dumbauld
Thomas Jefferson's Equity Commonplace Book, Edward Dumbauld
Washington and Lee Law Review
No abstract provided.
The Popular Image Of The American Lawyer: Some Thoughts On Its Eighteenth And Nineteenth Century Intellectual Bases, James W. Gordon
The Popular Image Of The American Lawyer: Some Thoughts On Its Eighteenth And Nineteenth Century Intellectual Bases, James W. Gordon
Washington and Lee Law Review
No abstract provided.
The System And The Life World, Warren Lehman
The System And The Life World, Warren Lehman
Washington and Lee Law Review
No abstract provided.
Tax Reform-Yesterday, Today, And Tomorrow*, Boris I. Bittker
Tax Reform-Yesterday, Today, And Tomorrow*, Boris I. Bittker
Washington and Lee Law Review
No abstract provided.
The Reconstruction Amendments' Debates. Edited By Alfred Avins, Robert M. Ireland
The Reconstruction Amendments' Debates. Edited By Alfred Avins, Robert M. Ireland
Washington and Lee Law Review
No abstract provided.
Slavery, Economic Development And The Law: The Dilemma Of The Southern Political Economists, 1800-1860, Eugene D. Genovese, Elizabeth Fox-Genovese
Slavery, Economic Development And The Law: The Dilemma Of The Southern Political Economists, 1800-1860, Eugene D. Genovese, Elizabeth Fox-Genovese
Washington and Lee Law Review
No abstract provided.